Katana Said Kalama & others v Two Thirds Investments Limited [2017] KEELC 1218 (KLR)
The bottom line
#A Kenyan court refused to add six land occupants to an existing adverse possession case, ruling their claims were separate and required their own lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants qualified to be joined under Order 1 rule 10 of the Civil Procedure Rules
The application was disallowed because the applicants failed to demonstrate a nexus with the existing plaintiffs' cause of action; their interests are separate and distinct, and joinder would complicate rather than settle the dispute.
The court applied the three Meme vs Republic criteria for joinder. It found that a different set of facts would have to be proved for each claimant regarding when they took occupation; the survey report showed specific sub-divided title numbers occupied by the existing plaintiffs and did not mention the applicants; the orders to be made would be specific to those portions; and the existing plaintiffs' suit was not representative of all occupants. The applicants' interests could be pursued in a separate suit.
Legal principles established
#- A claimant in an adverse possession suit must show possession of the land for over 12 years, and a proposed joinder must show that their claim is related to that of the existing plaintiffs or arises from the same acts/transactions
- Where different sets of facts must be proved for each claimant and the existing suit is not representative, joinder will not achieve complete settlement and the applicants are best left to a separate suit
Court orders
#- 1.The applicants' notice of motion dated 5th October 2016 is disallowed
- 2.Costs in the cause
- Jurisdiction invoked
- Order 1 rule 10, Order 50 rule 1 and sections 3A & 63(e) of the Civil Procedure Rules & Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Katana Said Kalama & others v Two Thirds Investments Limited [2017] KEELC 1218 (KLR)", Case Analysis (2017). Not stated in judgment (notice of motion dated 5th October 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1218/eng@2017-11-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.